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Page last updated: 04 February 2025

Legislation

The FMA has certain powers granted by legislation, to monitor compliance, investigate, and take enforcement action against conduct that may constitute a contravention of legislation, where it applies to financial market firms and individuals. This section explains the Financial Markets Conduct Act 2013 and other legislation we enforce.

Topics covered in this secton

Financial Markets Conduct Act

The Financial Markets Conduct Act 2013 (FMC Act) lays the groundwork for us to provide high-quality regulation in capital markets and financial services here in New Zealand. It is the largest statutory change in our financial markets in at least 30 years and ensures regulation keeps pace with investor and business expectations.

Conduct of Financial Institutions (CoFI) legislation

The Financial Markets (Conduct of Institutions) Amendment Act 2022 amends the Financial Markets Conduct Act 2013 to ensure financial institutions treat consumers fairly. It is designed to protect consumers by putting the consumer at the forefront of institutions’ decisions and actions.

Financial Services Legislation Amendment Act 2019 (FSLAA)

The laws governing financial advice in New Zealand have changed. As part of the changes, the three adviser types – Registered Financial Adviser (RFA), Authorised Financial Adviser (AFA) and QFE adviser have been removed – and all advisers need to meet the same standards and are subject to a Code of Professional Conduct for Financial Advice Services.

Fair dealing

Conduct is at the core of the Financial Markets Conduct Act 2013 (FMC Act). Underpinning the breadth of the FMC Act are the fair dealing provisions, which set out the core standards of behaviour that those operating in the financial markets must comply with.   

Part 2 of the FMC Act requires “fair dealing” in relation to financial products and services. 

Designations

Designations can change how a product, client, advice or service is categorised, and remove an existing statutory exemption or exclusion. A designation can be applied to:

  • a particular person or transaction (an individual designation)
  • a class of persons or transactions (a class designation)

Under the FMC Act, we have powers to make designations that change the way products and other matters are regulated.

Exemptions (Secondary Legislation)

The FMA has wide powers under the FMC Act to provide exemptions (secondary legislation) to persons or transactions from compliance obligations under financial markets law. This allows us to provide a tailored approach and ensure requirements for businesses are reasonable and cost-effective. 

Current FMC Act exemption notices

FMC Act exemptions
12 Aug 2025
Financial Markets Conduct (Alliance Group) Exemption Notice 2025
Exemption notice for Alliance Group & Top Hat Co under FMC Act 2013 for share offers via court-approved scheme of arrangement.
FMC Act exemptions
11 Aug 2025
Financial Markets Conduct (Climate-related Disclosures – ANZ Group Holdings Limited) Exemption Notice 2025
ANZ Group Holdings Limited exempted from NZ climate reporting under FMC Act due to immaterial side assets and ANZ Bank coverage.
FMC Act exemptions
05 Aug 2025
Financial Markets Conduct (Commonwealth Bank of Australia) Exemption Notice 2025
CBA exempted from NZ climate reporting under FMC Act due to limited operations and must lodge Australian Sustainability Reports online.
FMC Act exemptions
29 Jul 2025
Financial Markets Conduct (Overseas Custodians of Scheme Property-Assurance Engagement) Exemption Amendment Notice 2025
This notice amends the Financial Markets Conduct (Overseas Custodians of Scheme Property-Assurance Engagement) Exemption Notice 2025 (the principal no ...
FMC Act exemptions
14 Jul 2025
Financial Markets Conduct (Overseas Custodians of Scheme Property-Assurance Engagement) Exemption Notice 2025
Exemptions for overseas custodians of registered schemes from New Zealand auditor requirements under FMC Regulations 2014.
FMC Act exemptions
14 Jul 2025
Financial Markets Conduct (KiwiWRAP KiwiSaver Scheme) Exemption Notice 2025
Exemption notice for Consilium NZ Limited managing KiwiWRAP KiwiSaver Scheme, detailing exemptions from FMC Act and Regulations.

View all FMC Act Exemptions notices

Featured

FMA’s view of conduct

Guidance on what we will focus on when examining how licensed financial services providers demonstrate good conduct, and how they have met their governance and management responsibilities.

Regulatory response guidelines

This is a guide on how we regulate financial markets and the responses we use in enforcing legislation. It is for all individuals and businesses involved in providing financial market products and services.

Customer vulnerability – our expectations

This information sheet explains the FMA’s expectations for financial services firms to prioritise their customer vulnerability practices, focusing on areas we consider immediate priorities.